General contracting conditions

1.- OBJECT AND SCOPE OF APPLICATION
1.1.– These General Contracting Conditions (hereinafter, the “CONDITIONS”), together with the Particular Conditions that may be established, are intended to regulate the legal relationship derived from the online contracting of services through the website https: //shop.destacaimagen.com/ (hereinafter, the “WEBSITE”), which may be hired by any user who complies with the terms established in these CONDITIONS.

1.2.– These CONDITIONS will have an indefinite period of validity and will be applicable to all contracts made through the WEBSITE.

1.3.– The person who hires through the WEBSITE (hereinafter, the “USER”) will be bound by the provisions of these CONDITIONS, so they should not contract if they do not agree with any of its terms. Likewise, the provisions of the Legal Notice and the privacy policy published therein will apply to the contracting of services through the WEBSITE.

1.4.– Online contracting of the services offered through this WEBSITE is available only to individuals who are at least 18 years old and who have the legal capacity to enter into contracts. By accepting these CONDITIONS during the contracting process, the USER declares and guarantees to comply with said requirements.
In the cases in which the services offered by DESTACAIMAGEN are contracted for minors or disabled persons, the USER who contracts online must be of legal age and meet the status of legal representative of the minor or disabled person.

1.5.– Antonio Fernández Clement, as owner of the WEBSITE, reserves the right to modify these CONDITIONS at any time, without this affecting the contracts made through the WEBSITE prior to the modification.

1.6.– The USER is solely responsible for the veracity of all the data that he provides through the online forms of the WEBSITE.

2.- IDENTIFICATION OF THE SERVICE PROVIDER
2.1.– The owner of the WEBSITE and provider of the services offered through it is Antonio Fernández Clement (hereinafter, “DESTACAIMAGEN”), with NIF: 74359371A and whose contact details are the following:
– Postal address: Lluís Gonzaga Llorente 24 – Elche (Alicante) 03202 Spain
-Email address: info@destacaimagen.com
-Phone: 96 626 75 13

3.- DESCRIPTION OF THE SERVICES OFFERED
3.1.– The services offered by DESTACAIMAGEN whose contracting or reservation can be made through the WEBSITE consist of:
-Sale of software via download to create image galleries on web pages. I see that on the page. With updates for life. Support in Spanish and English. Multisite License

3.2.– The USER may purchase said product through the WEBSITE.

4.- CONTRACTING PROCESS
4.1.– To purchase the products offered through the WEBSITE, the USER must select the product of interest, as well as the modality of their preference.
4.2.– To place an order on this Website, the duly registered user must follow the online purchase procedure, during which they will select the products of their choice and add them to the shopping cart or cart. Once your selection is complete, you can click on the finish purchase button to continue the purchase process. If you are not registered you can choose the products you want and register when you go to make the purchase.
4.3.– Next, the Client will complete the billing details, as well as the means of payment of their choice from those available on the Website. If you have a discount coupon, you must insert your password.
4.4.– This Website offers the details of all the products that the USER has added to his basket during the purchase process, so that, before making the payment, the Customer must check if the order details are correct and, where appropriate, modify the corresponding data.
4.5.– Next, the Client will press the “Place the order” button to complete the purchase process, after which they will receive an email confirming that we have received their order (hereinafter, “Confirmation of Order”). If the Client does not receive the Order confirmation within 24 hours of placing the order, they must notify us via the email address info@destacaimagen.com
4.6.– Next, the USER in his client area has a section called downloads from where the purchased product can be downloaded.
4.7.– In the contracting process, the USER will be required to expressly accept these CONDITIONS, by marking the corresponding box.
4.8.– Once the contracting process has finished, the USER consents to DESTACAIMAGEN to issue the corresponding invoice and to send it to them in electronic format by email, although they may indicate their desire to receive a paper invoice through the email address info@destacaimagen.com
4.9.- The electronic documents in which the orders are formalized will be filed by DESTACAIMAGEN, the USER being able to access them by request through the email address info@destacaimagen.com
4.10.- The contracting of services through this WEBSITE may be formalized in Spanish and English.

5.- PRICE AND PAYMENT
5.1.– The prices applicable to each product are those indicated on the Website on the date of the order, including VAT (Value Added Tax), in accordance with the current regulations governing said tax.
5.2.– DESTACAIMAGEN reserves the right to modify the prices of the services, but the possible changes will not affect the orders with respect to which an ORDER CONFIRMATION has been sent.
5.3.– The USER may make the payment of the products, by credit or debit cards Visa, Mastercard, American Express, for which he must enter the necessary information in the available form until completing the payment process. The payment gateway guarantees the encryption of transactions, using advanced encryption technology.
To enter the data of a credit card, the USER must be its legitimate owner and have the right to use them. The USER has the responsibility that all the data provided in order to pay for the products and / or services contracted are correct. In the event that the payment operation is rejected by the intervening entities, the contract will be considered not carried out.

6.- EXECUTION OF SERVICES
Divi Masonry Gallery a plugin that allows you to create modern and different image galleries in a few steps. Just choose the images you want to show, configure how many columns you want to display and the space between the images.

7.- RIGHT OF WITHDRAWAL
7.1.– In accordance with current regulations, the client who contracts as a consumer or user may withdraw from the contract, without the need for justification, within a period of 14 calendar days from the date of delivery of the product.
7.2.– If the USER purchases the “Divi Masonry Gallery” product, they will have the right to withdraw since the password provided for its use will be suspended and cannot be used.
7.3.– The right of withdrawal will not proceed in the following cases:
When the USER does not contract the services offered by DESTACAIMAGEN as a consumer, in accordance with the concept of consumer or user defined in article 3 of Royal Legislative Decree 1/2007, which approves the General Law for the Defense of Consumers and Users (hereinafter, LGDCU). It will be understood that the USER does not contract as a consumer or user when using the services for business or professional purposes.

The provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been completely executed by the entrepreneur, you will have lost your right of withdrawal.

The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that they consequently lose their right of withdrawal.

7.3.– To exercise the right of withdrawal, the USER must notify DESTACAIMAGEN of his decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post or email to the addresses indicated in clause 2.1) . For this, if he wishes, he may use the model withdrawal form that can be downloaded here, although its use is not mandatory. In case of using the withdrawal form model, the USER must send it to DESTACAIMAGEN by email.

To meet the withdrawal period, it is sufficient that the communication regarding the exercise by the USER of this right is sent before the corresponding period expires.

7.4.– In the event of withdrawal by the USER, DESTACAIMAGEN will return all the payments received from it, without any undue delay and, in any case, no later than 14 calendar days from the date on which the USER informs them. of your decision to withdraw from the contract. DESTACAIMAGEN will proceed to make said refund using the same means of payment used by the USER for the initial transaction, unless the USER has expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund.

8.- CANCELLATION POLICY.
8.1.– Without prejudice to what is indicated in the previous clause, the USER who has contracted a service may request its cancellation from DESTACAIMAGEN.

8.2.- If the USER confirms his desire to cancel the purchase, after having communicated his request within the 15-day trial period of the “Divi Masonry Gallery” product, DESTACAIMAGEN will proceed to reimburse the payment previously received without undue delay, using the same means of payment used by the USER for the initial transaction.

9.- CLAIMS MANAGEMENT
9.1.- The USER can send DESTACAIMAGEN any incident, complaint or claim in relation to the contracting of products and / or services through the email info@destacaimagen.com. DESTACAIMAGEN will contact the USER as soon as possible in order to respond to said complaints or claims.
9.2.- Likewise, it is reported that, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, the USER who acts as a consumer has the right to request an out-of-court resolution of consumer disputes, being able to access said method via the website: https://ec.europa.eu/consumers/odr/.

10.- PROTECTION OF PERSONAL DATA
DESTACAIMAGEN, as data controller, will process the data provided by the USER during the electronic contracting of services in order to carry out the administrative and economic management of said contracting, including the operations necessary for its execution and the maintenance of communications.
The legitimacy for the processing of the USER’s personal data is based on the execution of the contractual provision entrusted, as well as compliance with the legal obligations applicable to the person responsible for the treatment in tax matters. The communication of the USER’s personal data is a necessary requirement to formalize the contracting carried out, as well as to comply with the aforementioned legal obligations.
In general, the personal data provided by the USER will not be communicated to third parties, except legal obligation. The USER can consult the information on the processing of their data in the privacy policy.
The USER’s personal data will be kept as long as the contractual relationship is maintained and, subsequently, during the applicable legal periods and the time necessary to fulfill the purpose for which they were collected and to determine the possible responsibilities that may arise from said purpose. and data processing.
In the cases and under the conditions provided in the current regulations for the protection of personal data, the USER may exercise in relation to their personal data the rights of access, rectification, deletion, opposition, limitation of treatment, data portability, opposition to to automated individual decisions and revocation of consent, by request addressed to the email address info@destacaimagen.com, accompanied by a copy of the DNI.
Similarly, the USER will have the right to file a claim with the Spanish Data Protection Agency, especially when they have not obtained satisfaction in the exercise of their rights, by writing to the following postal address: C / Jorge Juan, 6, 28001 – Madrid, or through its electronic headquarters (www.aepd.es).

11.- GUARANTEES AND EXCLUSION OF LIABILITIES
11.1– DESTACAIMAGEN will observe professional due diligence in the provision of the services offered, ensuring at all times the interests of the USERS.
11.2.- The USER acknowledges and accepts that the contracting of services through the WEBSITE will be carried out under his sole responsibility.
11.3.- DESTACAIMAGEN is not responsible for the lack of availability, technical incidents or operating errors that may occur in the use of the Internet, telecommunications networks.
11.4.- DESTACAIMAGEN is not responsible for any breaches, impediments or delays in the performance of a service attributable to events that are beyond its reasonable control (hereinafter, “Causes of force majeure”), including without limitation any natural catastrophe, social upheaval, wars, national emergencies, terrorism, piracy, strikes, lockouts, epidemics / pandemics, accidents, non-existence or problems with the provision of public services (including incidents electricity, telecommunications or internet supply), shortage or non-existence of supplies, materials, equipment or transportation, etc.

12.- PARTIAL NULLITY
If any of the terms of these CONDITIONS were declared null and void by a firm resolution issued by a competent authority, the rest of the terms will retain their validity and remain in force.

13.- APPLICABLE LEGISLATION AND JURISDICTION
13.1.- The relationship between DESTACAIMAGEN and the USER derived from the contracting of services through the WEBSITE will be governed by Spanish legislation. The foregoing will not deprive the non-resident USER in Spanish territory of the protection conferred by the mandatory provisions of their country of habitual residence.

13.2.- DESTACAIMAGEN and the USER submit, for the resolution of any conflict or controversy and waiving any other jurisdiction, to the competent Courts and Tribunals of the USER’s domicile, provided that the same acts as a consumer. Otherwise, the submission will be to the Courts and Tribunals of the city of Alicante (Spain).
Likewise, when the USER acts as a consumer, both parties may submit their claims through the online dispute resolution platform created by Regulation (EU) 524/2013, available at the following link: https://ec.europa.eu/consumers/odr/

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